August 03, 2020
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       Florida Senate - 2010                                     SB 356
       
       
       
       By Senator Dockery
       
       
       
       
       15-00465-10                                            2010356__
    1                        A bill to be entitled                      
    2         An act relating to congressional vacancies; amending
    3         s. 100.101, F.S.; providing that a special election or
    4         special primary election shall be held to fill a
    5         vacancy in the office of a member from Florida of the
    6         United States Senate; amending s. 100.111, F.S.;
    7         providing that the Governor is not required to call a
    8         special election to fill a vacancy in the office of a
    9         member from Florida of the United States Senate if a
   10         session of Congress is not scheduled during the
   11         unexpired portion of the term; repealing s. 100.161,
   12         F.S., relating to filling vacancies in the
   13         representation of Florida in the United States Senate;
   14         providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsection (4) of section 100.101, Florida
   19  Statutes, is amended to read:
   20         100.101 Special elections and special primary elections.
   21  Except as provided in s. 100.111(2), a special election or
   22  special primary election shall be held in the following cases:
   23         (4) If a vacancy occurs in the office of a member from
   24  Florida of the Senate or House of Representatives of Congress.
   25         Section 2. Subsection (3) of section 100.111, Florida
   26  Statutes, is amended to read:
   27         100.111 Filling vacancy.—
   28         (3) Whenever there is a vacancy for which a special
   29  election is required pursuant to s. 100.101, the Governor, after
   30  consultation with the Secretary of State, shall fix the dates of
   31  a special primary election and a special election. Nominees of
   32  political parties shall be chosen under the primary laws of this
   33  state in the special primary election to become candidates in
   34  the special election. Prior to setting the special election
   35  dates, the Governor shall consider any upcoming elections in the
   36  jurisdiction where the special election will be held. The dates
   37  fixed by the Governor shall be specific days certain and shall
   38  not be established by the happening of a condition or stated in
   39  the alternative. The dates fixed shall provide a minimum of 2
   40  weeks between each election. In the event a vacancy occurs in
   41  the office of state senator or member of the House of
   42  Representatives when the Legislature is in regular legislative
   43  session, the minimum times prescribed by this subsection may be
   44  waived upon concurrence of the Governor, the Speaker of the
   45  House of Representatives, and the President of the Senate. If a
   46  vacancy occurs in the office of state senator and no session of
   47  the Legislature is scheduled to be held prior to the next
   48  general election, the Governor may fix the dates for the special
   49  primary election and for the special election to coincide with
   50  the dates of the primary election and general election. If a
   51  vacancy in office occurs in any district in the state Senate or
   52  House of Representatives, in the representation of this state in
   53  the Senate of the United States, or in any congressional
   54  district, and no session of the Legislature, or session of
   55  Congress, as applicable if the vacancy is in a congressional
   56  district, is scheduled to be held during the unexpired portion
   57  of the term, the Governor is not required to call a special
   58  election to fill such vacancy.
   59         (a) The dates for candidates to qualify in such special
   60  election or special primary election shall be fixed by the
   61  Department of State, and candidates shall qualify not later than
   62  noon of the last day so fixed. The dates fixed for qualifying
   63  shall allow a minimum of 14 days between the last day of
   64  qualifying and the special primary election.
   65         (b) The filing of campaign expense statements by candidates
   66  in such special elections or special primaries and by committees
   67  making contributions or expenditures to influence the results of
   68  such special primaries or special elections shall be not later
   69  than such dates as shall be fixed by the Department of State,
   70  and in fixing such dates the Department of State shall take into
   71  consideration and be governed by the practical time limitations.
   72         (c) The dates for a candidate to qualify by the petition
   73  process pursuant to s. 99.095 in such special primary or special
   74  election shall be fixed by the Department of State. In fixing
   75  such dates the Department of State shall take into consideration
   76  and be governed by the practical time limitations. Any candidate
   77  seeking to qualify by the petition process in a special primary
   78  election shall obtain 25 percent of the signatures required by
   79  s. 99.095.
   80         (d) The qualifying fees and party assessments of such
   81  candidates as may qualify shall be the same as collected for the
   82  same office at the last previous primary for that office. The
   83  party assessment shall be paid to the appropriate executive
   84  committee of the political party to which the candidate belongs.
   85         (e) Each county canvassing board shall make as speedy a
   86  return of the result of such special primary elections and
   87  special elections as time will permit, and the Elections
   88  Canvassing Commission likewise shall make as speedy a canvass
   89  and declaration of the nominees as time will permit.
   90         Section 3. Section 100.161, Florida Statutes, is repealed.
   91         Section 4. This act shall take effect July 1, 2010.

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